U.S. Circuit Court for the District of North Carolina, 1793

Bayly v. Baxter

Bayly v. Baxter
U.S. Circuit Court for the District of North Carolina · Decided July 1, 1793 · Crew, Doderidge, Here, Jones, Whitlock
1 N.C. 128
Bayly v. Baxter

Opinion of the Court

Jones, J.

If rent be reserved, as £. 40 per annum, payable weekly, as the lessor will require, although the lessor *129does not require it, he shall have debt for the rent at the year’s end. Likewise if a certain quantity of corn or hay be reserved. But it would in this case be a very great inconvenience; the warren may thereby be destroyed.

Doderidge, J.

If one grant estovers to be taken yearly, and none be taken for one year: they shall not be taken the next. In this case it would destroy the warren, if all were delivered at one time. He ought to shew a particular request, with certainty.

Whitlock, J. It is a rent here. Crew, C. J. concurred with Whitlock, J.

So the court was divided—ideo adjournatur.

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